Collateral Warrants

Collateral warrants, abolished by the (English) Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74), s. 14, was where the heir's title to the land neither was, nor could have been, derived from the warranting ancestor, as where a younger brother released to his father's disseisor with warranty, this was collateral to the elder brother. The whole doctrine of collateral warranty is repugnant to justice; and even its technical grounds are so obscure that the ablest legal writers are not agreed upon the subject, Wright's Tenures, 168; Gilbert's Tenures, 143.